| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Luther L. Santiful | Chairperson | ||
| Ms. Paula Mokulis | Member | ||
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show his rank as Private First Class (PFC), E-3 and to add the Federal Hazardous Materials course.
APPLICANT STATES: The applicant makes no additional statement. He provides his DD Form 214 and his Request and Authority for Leave, DA From 31, as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army National Guard (ARNG) on 15 April 1998. On 9 November 1998, he requested enlistment in the Regular Army. His request was approved on 8 December 1998.
A Report of Separation and Record of Service, NGB Form 22, shows the applicant was discharged from the ARNG on 8 December 1998 for the purpose of enlisting in any component of the Armed Forces.
On 5 January 1999, the applicant enlisted in the Regular Army.
Another NGB Form 22 shows the applicant was discharged from the ARNG on 4 April 1999 for the purpose of enlisting in any component of the Armed Forces.
The applicant’s Personnel Qualification Record, DA Form 2-1, shows he was advanced to PFC on 11 August 1999. It shows that he was absent without leave (AWOL) from 5 December 2000 – 12 January 2001 (38 days). (12 January 2001 appears to have been the date he returned to military control, not his last day of AWOL.) His DA Form 2-1 does not show that he completed a Hazardous Materials course and there is no course completion certificate on his fiche.
On 18 January 2001, court-martial charges were preferred against the applicant charging him with being AWOL for the period 5 December 2000 to on or about 12 January 2001. A Personnel Action form, DA Form 4187, shows the applicant returned to military control on 12 January 2001.
On 19 January 2001, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. The applicant was advised of the effects of a discharge under other than honorable conditions (UOTHC) and that he might be deprived of many or all Army and Veterans Administration benefits. He elected not to submit a statement in his own behalf.
The provided DA Form 31 shows the applicant was placed on excess leave pending discharge on 19 January 2001. The DA Form 31 shows his rank as PFC.
On 16 October 2001, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.
On 29 October 2001, the applicant was discharged with a discharge UOTHC, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, discharge in lieu of trial by court-martial. He had completed 2 years, 9 months, and 25 days of creditable active service. His DD Form 214, item 29, erroneously indicates that he had no lost time.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. A discharge UOTHC is normally considered appropriate.
Army Regulation 600-8-19 prescribes policies governing promotion and reduction of Army enlisted personnel. In pertinent part, it states that when the separation authority determines that a soldier is to be discharged from the service with a discharge UOTHC, the soldier will be reduced to the lowest enlisted grade. Further board action is not required for this reduction.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The evidence of record shows the applicant was discharged with a discharge UOTHC. Such a discharge required the applicant to be reduced to Private, E-1.
3. There is no evidence of record and the applicant provides none to show he completed a Hazardous Materials course.
4. It is noted that the applicant’s DD Form 214 erroneously indicates he had no lost time. However, as the applicant does not request this correction it will not be made.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___LLS__ __PM___ __DPH__ DENY APPLICATION
| CASE ID | AR2002067982 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/08/06 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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